ROSEMARY CONNOLLY SOLICITORS

There was quite a bit of publicity recently when the new Labour government took office and proposed a series of significant reforms to Employment Law legislation in England and Wales.

Here in Northern Ireland, where Employment Law is a devolved matter, the Good Jobs Employment Rights Bill is currently being consulted on.

The key proposals being advanced concern:

1. Zero-hour contracts, the proposal being that the employee should be able to contract to request a banded hours contract or a more stable and predictable contract.
2. The right to fair pay, for holidays and rights to disconnect, the consultation includes entitlement to fair payments as an outcome from successful job evaluation schemes.
3. Flexible working arrangements. In other words the proposal is that the right to request flexible working arrangements should be a day 1 right. At the present time, this is one of the employment issues that can be critical for employees before they can seek that role.

In all, the proposals are aimed at making the labour market more flexible and adaptable to current working patterns and lifestyles.

📩 rosemaryconnolly@solicitorsni.net

ENDURING POWER OF ATTORNEY

In Northern Ireland, an Enduring Power of Attorney (EPA) is a legal document that allows one person (the donor) to give one or more people (the attorney(s)) the authority to make financial and property decisions on their behalf.

The donor must have mental capacity at the time of creating the EPA. The EPA is intended as the time may be required if there is any doubt as to capacity.

The EPA can be revoked by the Donor at any time as long as they still have mental capacity.
The EPA allows the Attorney to act on the donor’s behalf if the donor loses mental capacity in the future and it must be registered with the Office of Care and Protection once the donor is no longer mentally capable. The attorney must inform the donor’s relatives, including the donor’s closest relatives before registration.
The Attorney must always act in the best interests of the donor and keep their finances separate from their own.

📩 emma@sheppard@solicitorsni.net

NON-MOLESTATION ORDERS

A Non-Molestation Order in Northern Ireland is a type of court order designed to protect individuals from abuse, harassment, or threats of violence from someone they have family member or cohabitant. It is governed under the Family Homes and Domestic Violence (Northern Ireland) Order 1998.

KEY ASPECTS OF A NON-MOLESTATION ORDER

1. Purpose
   The primary aim is to protect individuals from:

• Physical abuse
• Emotional or psychological abuse
• Harassment, intimidation, or threats
• Conduct that disrupts the applicant’s peace or safety

2. Who Can Apply
   An Order for a Non-Molestation Order if the respondent is:

• A current or former spouse or partner
• A cohabitant or former cohabitant
• A family member, such as a parent, sibling or child
• Someone with whom you have a child or ongoing parental responsibilities

3. Prohibited Actions
   A Non-Molestation Order can prevent the respondent from:

• Using or threatening violence
• Contacting or approaching the applicant directly or indirectly
• Coming near the applicant’s home, workplace, or other specified locations

4. Urgent Applications (Ex Parte)
   In cases where an immediate protection is necessary, an application can be made without the respondent being notified. The court will offer a full hearing shortly thereafter if the order should remain in place.

HOW TO APPLY

1. Seek Legal Advice or Solicitor
   A legal family law clinic or a legal specialist in family law can guide you through the application process.
2. File Application in Court
3. Provide Evidence
   The application must demonstrate that Protection is suitable.

Evidence of abuse or harassment is critical, and may include:

• Police reports
• Medical or psychological reports
• Witness statements
  If the situation is urgent, a hearing will be scheduled where both parties can present their case.

DURATION AND ENFORCEMENT

• Duration: A Non-Molestation Order typically lasts for a specified period, but it can be extended if necessary.
• Breach of Order / Breaching a Non-Molestation Order is considered a criminal offence. In Northern Ireland it can result in arrest, fines, or imprisonment.

ADDITIONAL PROTECTION

In some cases the court may also grant an Occupation Order, which gives the applicant the right to remain in the family home or prevent the respondent from entering.

If you feel threatened or unsafe, contact the PSNI (Police Service of Northern Ireland) immediately. There are also organisations to support and protect such as Women’s Aid or Men’s Advisory Project (MAP).

📩 reception@solicitorsni.net

📍 Rosemary Connolly Solicitors
2 The Square, Warrenpoint, Co. Down
📞 T: +44(0)28 4175 3121
📧 Email: rosemaryconnolly@solicitorsni.net
🌐 www.solicitorsni.net

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